STATE Vs. SHIV NANDAN

JUDGEMENT

(1.) THIS is a revision preferred against an order dated 28-12-1992 passed by Additional Commissioner, Allahabad Division, Allahabad whereby a review petition preferred against order dated 3-4-1984 has been allowed arising out of a suit under Section 229-B of the U.P.Z.A. and L.R. Act heard and decided by the trial Court's order dated 24-5-1982.

(2.) BRIEFLY the facts of the case are that Sheo Badanson of Budhwa instituted a suit under Section 229-B of the U.P.Z.A. and L.R. Act for declaration of rights in respect of Plot No. 91 area 0-10-0 situated in village Nasirpur Pargana and District Fatehpur, the old number being 61. On issuance of notices the suit was contested and on the pleadings of the parties as many as four issues were framed for adjudicating the points involved in the matter and ultimately after considering the evidences advanced the suit stood dismissed vide order dated 24-5-1982 which stood challenged before the Commissioner, Allahabad Division, Allahabad wherein the order dated 30-4-1981 was passed and the aggrieved party preferred a review petition which stood allowed vide order dated 28-12-1992 and the same is under challenge before the Board.

(3.) THE learned Counsel appearing on behalf of Nagar Palika Fatehpur stated that the land in dispute situated within the limits of Nagar Palika Fatehpur and that the suit being barred under Section 49 of the U.P.C.H. Act had rightly been dismissed by the trial Court and that the review petition has been wrongly allowed by the Additional Commissioner without condoning the delay in filing the same.